Bill incentivizing sale of Montana-produced foods moves through the House

A bill to incentivize grocers to put Montana-produced food on the shelves passed its second reading on the Montana House floor this week with a 59-41 vote.  

House Bill 440, sponsored by Rep. Jane Weber, D-Great Falls, lays out a pilot program that would provide tax incentives for the sale of Montana-produced food. The bill passed with an amendment to add a sunset date in 2031.  

“This bill is a Montana-grown solution for our ranching and farming neighbors,” Weber said on the floor on Tuesday, stating that it leveled the playing field for local producers.  

Retail sales of local food in Montana were estimated at $158.5 million, according to a study published by Highland Economics in 2022.  

There was some concern about the details of the bill and how it would work, but Weber attributed that to it being a pilot program that will get fleshed out. Concerns included how to determine if a product is Montana-produced, how to ensure what shelf space it would receive and whether it would be illegal because it shows preference for Montana products over those from other states.  

Food sales that would qualify for the tax incentive would include food and drinks, including alcoholic and nonalcoholic. Food and drink prepared for on-site consumption would not be included.  

HB 440 would allow retailers to deduct up to 50% of net income from the sale of Montana-produced food sales on their income tax. 

The bill is expected to reduce general fund revenue by around $278,00 in fiscal year 2026, and that reduction would increase to about $1.5 million the following fiscal year, according to the legislation's fiscal note. 

The state Department of Revenue raised concerns about creating rules around the incentive and creating a detailed auditing and verification process for the deduction.  

The bill was referred to the House Appropriations Committee, which held a hearing on it Tuesday.  

Jasmine Krotkov with Montana Farmers Union, told the committee that the bill directly addresses supply chain problems that producers have faced getting products on shelves.  

“This small investment in Montana producers and grocers can leverage economic benefits throughout the economy,” she said. “Our ag producers are the backbone of Montana and all we need is a level playing field to complete for that shelf space.” 

Montana farms and ranches produced $4.54 billion in agricultural products, according to the 2022 Census of Agriculture, and saw a net cash income of $1.14 billion.  

Sarah Ratkowski, owner of Montana Milk Moovers and the Neighborhood Market in Kalispell, said whether the legislation passes or not it’s important to support Montana farmers. 

“Anything that helps get Montana-produced food into stores is always a good thing because we should all be eating locally grown food. It's fresher, more nutritious and it supports the very communities we live in,” said Ratkowski in an email.  

Flathead County Reps. Ed Bryne, R-Bigfork, Neil Duram, R-Eureka, Terry Falk, R-Kalispell, Steve Kelly, R-Kalispell, Braxton Mitchell, R-Columbia Falls, Amy Regier, R-Kalispell, Courtenay Sprunger, R-Kalispell, and Tracy Sharp, R-Polson, voted against the legislation. 

Reps. Lukas Schubert, R-Kalispell, and Linda Reksten, R-Polson, voted in favor.  

Reporter Kate Heston may be reached at 758-4459 or kheston@dailyinterlake.com.